[bct] Re: Copyright issues and the talent show

  • From: "J Garcia" <j.garcia235@xxxxxxxxxxx>
  • To: <blindcooltech@xxxxxxxxxxxxx>
  • Date: Fri, 03 Mar 2006 05:30:24 -0800

Dan,

What you are now arguing is the operational definition of a parody. Though
the law may have its parameters, there is no way to define a law concerning
parody to be all inclusive or exclusive of material. For example, this is an
extreme example but just try to define beautiful and you will soon find that
what you consider beautiful is the complete opposite to others and vice
versa.

Any good lawyer can take a person who is 100% guilty of murdering someone
and find ways of creating a gray area in order to entice the jury to side
with him or her. Let's say the plaintiff's lawyers are using the same
mindset to charge you with stealing Weird Al Yankovic's parody of Eat it. Do
you really think a judge or jury will conclude that you were making a
serious, concerted effort to undermine Weird Al's intellectual property for
profit? Our comedy venture will not ever, ever, ever get into a courtroom.
You are thinking in black and white colors and I'm just suggesting there is
a rainbow of ideas within reason and imagination--this includes the law as
mechanical as it is.

By the way, regarding the RIAA suing children, if you are referring to the
same children as I am, those children were stealing copyrighted intellectual
property and not composing song parodies. You can not use the law to make
blanket assumptions about song parodies and stealing other's work. The law
tries to be as encompassing as possible, but by its nature it cannot be all
inclusing at all times. Let's put it this way, for you to type its not just
your fingers that are conveying your thoughts. If you wanted to cut my
fingers off for writing this message, I will still find other ways of
conveying my thoughts--loopholes in the law work in the same way.

J Garcia
----- Original Message ----- 
From: "The Scarlet Wombat" <coconut@xxxxxxx>
To: <blindcooltech@xxxxxxxxxxxxx>
Sent: Friday, March 03, 2006 5:02 AM
Subject: [bct] Re: Copyright issues and the talent show


> J, I fear it is not quite that simple.  You cannot call something a parody
> unless it is.  Just labeling something aparody does not absolve you of
> copyright issues.  It must be truly a parody.  This is easy to do, so you
> are correct that a parody is not a copyright violation, but we cannot let
> people think that just calling something a parody when it is not is legal,
> it is not.
>
> In a nation where children are sued by the RIAA for anything even
> resembling a copyright violation, we must unfortunately, be careful.  We
> need not be paranoid, but awareness of the law is important.
>
> Dan
>
>
>
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